City Council Meeting Agendas

City Council Regular Meeting August 16, 2017 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 16, 2017, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Curtis R. Milteer, Sr. Lue R. Ward, Jr. Patrick G. Roberts, City Manager Helivi L. Holland, City Attorney Erika S. Dawley, City Clerk ABSENT Michael D. Duman (excused) CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order. She announced that Council Member Duman was excused. Council Member Milteer led the Pledge of Allegiance to the Flag, and Mayor Johnson called for a moment of silence for the City of Charlottesville due to the recent riots. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of August 16, 2017, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the resolution, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF AUGUST 16, 2017, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting August 16, 2017 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the June 21, 2017, Work Session, as presented and to amend the minutes from the June 21, 2017, Regular Meeting in the fourth paragraph on page six as follows “Council Member Duman, on a motion seconded by Council Member Goldberg” and approve the remainder of the minutes as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) SPECIAL PRESENTATIONS There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson advised that a motion was in order at this time to adopt the agenda as presented. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to adopt the agenda, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA Consent Agenda Item #7 - A resolution authorizing the City Manager to execute Split Letter Agreements between the City of Suffolk and Hampton Roads Transit (HRT) Consent Agenda Item #8 - A resolution authorizing City staff to take actions necessary to acquire and administer State and Federal transit assistance grants Consent Agenda Item #9 - A resolution adopting the City of Suffolk’s Title VI Policy for the Suffolk Transit System Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Suffolk Victim/Witness Assistance Program 2 City Council Regular Meeting August 16, 2017 Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #12 - An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program Consent Agenda Item #13 - An ordinance to accept and appropriate a Byrne Justice Assistance Grant from the Virginia Department of Criminal Justice Services in support of the Suffolk Police Department City Manager Roberts submitted a summary of the background information of the Consent Agenda as printed in the official agenda. Council Member Milteer, on a motion seconded by Council Member Fawcett, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) PUBLIC HEARINGS Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from A, Agricultural zoning district, to M-2, Heavy Industrial zoning district, for the property located at 1 Bob Foeller Drive, Zoning Map 27, Parcel 28A; RZ10-16 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley supplied a summary of the background information as printed in the official agenda. Liesl DeVary, no address given, Interim Executive Director, Southeastern Public Service Authority, spoke in support of the proposed ordinance, as presented. Jeffrey Murray, no address given, HDR Engineering, Incorporated, agent, spoke in support of the proposed ordinance, as presented. Jerry Butler, 2434 Cherry Blossom Drive, representing self, spoke in opposition to the proposed ordinance, as presented. Ralph Nahra, 3720 Redwood Farm, Virginia Beach, Virginia, opined about the proposed ordinance as it relates to his parcel, as presented. Jeffrey Murray, no address given, HDR Engineering, Incorporated, agent, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting August 16, 2017 Council Member Fawcett called for information about the role of the Virginia Department of Environmental Quality as it relates to odor mitigation. Mr. Murray explained that the Southeastern Public Service is subject to inspection at any time and must comply with all State regulations regarding odor mitigation. Council Member Fawcett asked if the odor mitigation requirements extend to outer perimeter of the Southeastern Public Service Authority. Mr. Murray said that if the odor is controlled at the source, then the outer perimeter of the property should not be an issue. Council Member Fawcett opined about the process of burning off methane gas that is not recovered as it relates to odor mitigation. Mr. Murray said that the burn off of excess gas helps with odor mitigation. Referring to the presentation, Council Member Fawcett queried about the traffic mitigation as it relates to Cell Seven. Mr. Murray indicated that one of the conditions in the proposed ordinance requires that in order for Cell Seven or any future cell to move forward, either a flyover funded by the Virginia Department of Transportation or a new access roadway to connect the intersection of Nansemond Parkway and Progress Road would be required. Council Member Fawcett asked about the life expectancy of Cell Six. Mr. Murray reported that the estimated life of the cell ranges from 2024 to 2040. Council Member Fawcett solicited information about the timeline for construction of Cell Seven. Mr. Murray replied that Cell Seven is currently a borrow pit, but it would take a couple of years for complete construction. Council Member Johnson called for clarification about the past and current situation at the Southeastern Public Service Authority as it relates to odor mitigation and leachate problems. Ms. DeVary explained that the Southeastern Public Service Authority has undergone various operational improvements in order to increase community outreach and accountability. She added that the leachate was contained, and levels have declined. Referring to the presentation, Council Member Johnson opined about the potential traffic impacts as it relates to the proposed ordinance. Mr. Murray advised that should the new access roadway to connect the intersection of Nansemond Parkway and Progress Road be required, it would be limited to use by City trucks. City Manager Roberts added that while the proposed a flyover funded by the Virginia Department of Transportation is the preferred option, the Southeastern Public Service Authority would be required to come back to City Council for a rezoning in order to build a new access roadway to connect the intersection of Nansemond Parkway and Progress Road would be required. Council Member Ward opined about residents’ concerns about odor mitigation at the Southeastern Public Service Authority. Mr. Murray said that while odor mitigation has been an issue in the past, the Southeastern Public Service Authority is committed to being more responsive to residents’ concerns about odor. Council Member Ward asked if the Southeastern Public Service Authority contacted Mr. Nahra. Mr. Murray indicated that he was not aware of any contact that the Southeastern Public Service Authority had with Mr. Nahra. 4 City Council Regular Meeting August 16, 2017 Council Member Goldberg requested clarification about the methods for residents to report concerns about odors at the Southeastern Public Service Authority. City Manager Roberts stated that the completed Host Community and Good Neighbor Agreement includes requirements regarding the resolution of community concerns and public relations. He added that the Southeastern Public Service Authority is also now required to maintain formal daily logs of residents’ concerns, which must be submitted to the City. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to approve the ordinance with conditions, as presented. Council Member Ward asked if the concerns addressed by Mr. Nahra have been addressed in writing. City Manager Roberts clarified that the City has a Host Community and Good Neighbor Agreement with the Southeastern Public Service Authority should address applicable concerns. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 6 NAYS: Vice Mayor Bennett 1 (Council Member Duman was excused.) AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM A, AGRICULTURAL ZONING DISTRICT, TO M-2, HEAVY INDUSTRIAL ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 1 BOB FOELLER DRIVE, ZONING MAP 27, PARCEL 28A; RZ10-16 (CONDITIONAL) Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Solid Waste Management Facility, Composting System, Confined (Vegetative Waste or Yard) and Borrow Pit, on the property located at 1 Bob Foeller Drive, Zoning Map 27, Parcel 28A; C08-16 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley offered a synopsis of the background information as printed in the official agenda. Jeffrey Murray, no address given, HDR Engineering, Incorporated, agent, spoke in support of the proposed ordinance, with conditions, as presented. Jerry Butler, 2430 Cherry Blossom Drive, representing self, spoke in opposition to the proposed ordinance, with conditions, as presented. Tushar Mukherjee, 6301 Whaleyville Boulevard, representing self, opined about traffic. Liesl DeVary, no address given, Interim Executive Director, Southeastern Public Service Authority, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. 5 City Council Regular Meeting August 16, 2017 Council Member Fawcett moved to approve the ordinance, with conditions, as presented. Council Member Goldberg opined about the methodology regarding odor complaints. Mr. Murray stated that citizens can report concerns about odor and staff will investigate and address as required. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with conditions, as presented. City Manager Roberts requested that the ordinance amended as follows: delete all of the language in Section 7 entitled the Effective Date of the proposed ordinance. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to amend the ordinance to delete all of the language in Section 7 entitled Effective Date and approve the remainder of the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 6 NAYS: Vice Mayor Bennett 1 (Council Member Duman was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SOLID WASTE MANAGEMENT FACILITY, COMPOSTING SYSTEM, CONFINED (VEGETATIVE WASTE OR YARD) AND BORROW PIT, ON PROPERTY LOCATED AT 1 BOB FOELLER DRIVE, ZONING MAP 27, PARCEL 28A; C08-16 City Council recessed at 8:37 p.m. and reconvened at 8:48 p.m. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a solar energy facility, on property located on Hosier Road, Zoning Map 45, Parcel 18; C09-17 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a report on the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., representing Pleasant Hill Solar, LLC, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett asked how the solar farm will potentially impact hunters. Mr. Saunders explained that the company has been developing sites in over 14 states and has not difficulties with hunters. Vice Mayor Bennett, on a motion seconded by Council Member Milteer, moved to approve the ordinance, with conditions, as presented: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) 6 City Council Regular Meeting August 16, 2017 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SOLAR ENERGY FACILITY, ON PROPERTY LOCATED ON HOISER ROAD, ZONING MAP 45, PARCEL 18; C09-17 Public Hearing – An ordinance to grant a conditional use permit to establish an accessory dwelling unit on property located at 5643 Mineral Spring Road, Zoning Map 63, Parcel 46*2; C10-17 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions as presented: AYES: Mayor L. Johnson and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 6 NAYS: Vice Mayor Bennett 1 (Council Member Duman was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN ACCESSORY DWELLING UNIT ON PROPERTY LOCATED AT 5643 MINERAL SPRINGS ROAD, ZONING MAP 63, PARCEL 46*2; C10-17 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk by repealing and reenacting Appendix C to address Sight Triangles; Approved Plant Lists; Tree Canopy Calculations; and Approved Plant Lists for Stormwater Management; OA06-17 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley furnished a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY REPEALING AND REENACTING APPENDIX C TO ADDRESS SIGHT TRIANGLES; APPROVED PLANT LISTS; TREE CANOPY CALCULATIONS; AND APPROVED PLANT LISTS FOR STORMWATER MANAGEMENT; OA06-17 7 City Council Regular Meeting August 16, 2017 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations; OA07-17 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a summation of the background information as printed in the official agenda. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-714, SIGN REGULATIONS; OA07-17 ORDINANCES Ordinance – An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Tax Map Parcel 78*26*3*6 created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a summary of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson and Council Members Fawcett, Goldberg T. Johnson, Milteer and Ward 6 NAYS: Vice Mayor Bennett 1 (Council Member Duman was excused.) AN ORDINANCE TO GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND IDENTIFIED AS TAX MAP PARCEL 78*26*3*6 CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE Ordinance – An ordinance authorizing the City Manager to accept a Deed Open-Space Easement over the common passive open-space within Phase 2 of the Cluster Subdivision Plat Patriots Walke, Tax Map Number 26, Parcels 67, 68, and 71A and Tax Map Number 27, Parcel 51; FS2016-05 Referring to the distributed handout, Planning and Community Development Director provided a summary of the background information regarding the proposed ordinance. 8 City Council Regular Meeting August 16, 2017 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OPEN-SPACE EASEMENT OVER THE COMMON PASSIVE OPEN-SPACE WITHIN PHASE 2 OF THE CLUSTER SUBDIVISION PLAT PATRIOTS WALKE, TAX MAP NUMBER 26, PARCELS 67, 68, AND 71A AND TAX MAP NUMBER 27, PARCEL 51; FS2016-05 RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a Work Session for September 6, 2017, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Milteer, moved to schedule a Work Session for September 6, 2017, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) NON-AGENDA SPEAKERS Tushart Mukherjee, 6301 Whaleyville Boulevard, opined about traffic and traffic law enforcement. NEW BUSINESS City Clerk Dawley presented the following board and commission nominations for City Council’s consideration: Community Policy and Management Team (parent representative) – Mary Bess and Fine Arts Commission – Barbara Warren Jones. 9 City Council Regular Meeting August 16, 2017 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley reported on the following: Finance Department’s receipt of the Award for Outstanding Achievement in Popular Annual Financial Reporting from the Government Finance Officers Association; ribbon cuttings for Bickford of Suffolk Assisted Living and Memory Care, Virginia ABC and Emser Tile East Coast Distribution Center; National Night Out; 2017 National Night Out Community Awards and Appreciation Ceremony; Suffolk Fire and Rescue Annual Fill the Boot Drive; Suffolk Humane adopt-a-thon; Suffolk Teen Summit and the City’s observance of Labor Day. Council Member Goldberg opined about the recent unrest in the City of Charlottesville. Council Member Fawcett opined about the recent unrest in the City of Charlottesville. Council Member Fawcett announced he attended the following: the ribbon cutting for Bickford of Suffolk Assisted Living and Memory Care; the Re-dedicaiton Ceremony for Suffolk Fire and Rescue Station #1; National Night Out; and the funeral for former Mayor Andy Damani. Council Member Fawcett encouraged residents to support the Suffolk Fire and Rescue Annual Fill the Boot Drive. Council Member Fawcett opined about Obici Place. Council Member Fawcett opined about a letter complimenting the Suffolk Police Department. Council Member Fawcett announced he attended the ribbon cutting for Emser Tile East Coast Distribution Center. Council Member Milteer opined about the recent unrest in the City of Charlottesville. Council Member announced he attended the funeral for former Mayor Andy Damiani. Council Member Johnson acknowledged Cody Ricks, a member of the Suffolk Youth Athletic Association Baseball Team 8-9 year olds that placed third place in the nation. Council Member Johnson announced he attended the following: the Re-dedication Ceremony for Suffolk Fire and Rescue Station #1; the ribbon cutting for Emser Tile East Coast Distribution Center; the Suffolk’s Got Talent Show and National Night Out. 10 City Council Regular Meeting August 16, 2017 Council Member Johnson opined about the recent unrest in the City of Charlottesville. Council Member Ward opined about the recent unrest in the City of Charlottesville. Council Member Ward reported he attended the funeral for former Mayor Andy Damiani and National Night Out. Vice Mayor Bennett opined about the recent riots in the City of Charlottesville. Vice Mayor Bennett reported he attended the funeral for former Mayor Andy Damani. Mayor Johnson announced she attended the following: ribbon cuttings for Emser Tile East Coast Distribution Center and Bickford of Suffolk Assisted Living and Memory Care; the funeral for former Mayor Andy Damiani and National Night Out. Mayor Johnson opined about the recent unrest in the City of Charlottesville. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to adjourn, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 (Council Member Duman was excused.) There being no further business to come before City Council, the regular meeting was adjourned at 9:48 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor 11